English Translation

J5a M11012An9 Nowg" eC.al IRIVO key is a product and remnant of the liberalist constitutional idea. One simply could not imagine a court without a judicial judge 7o years ago. If, therefore, a court of administration is allowed, at least one half should be appointed from judicial judges who would have to replace them with their own judicial impartiality and independence with the administrative judges appointed from the administration. Hence the requirement that the Senate should have this composition /1 : l/. Even then, the Austrian government and its Minister of Justice, the famous civilian Univ.Prof. Dr.Unger explained that, on the one hand, the law on the OvG guarantees the independence and impartiality of all members of the Community, regardless of their origin, and, onthe other hand, that judges who have to deal with issues of public law must also be familiar with them. - WSEEUMa This purpose of the key results from: but also that, if the law on the OvG concerning the judicial judges to be called upon only requires that they have the "entitlement to the judicial office", one has not only had in mind the purely formal transfer of the judicial examination, because this would not have achieved the intended purpose. For example, a judge who, after 2 1/2 - 3 years of use, takes the examination of the judge's office at 06721, has not yet acquired the above-mentioned excess of judicial independence and impartiality, but instead requires a long-standing INIO activity as a performing judge, and likewise, this capacity cannot be assumed by those who have passed UIMA of the examination into administration, advocacy or authority or by the prosecutors. What should those who are entitled to "entitlement to the magistrate's office" LTaCE, but perhaps for many years in the administration Paue work compared with others from the administration Professionen für e inen Pferenz ddaia Eo with regard to judicial independence and impartiality. The correctness of this view was discussed again in the amendment B8 i.J.l937, when the key, always a stone of the idea, was discussed, the then rapporteur in the - Czechoslovak Parliament and former Minister of Justice LAPAT